The number of hours an employee must work to be considered full-time and eligible for employee benefits such as health insurance, paid time off (including vacation leave and sick leave), and retirement accounts (401k and related employer-contributions) is generally in the sole discretion of the employer. This is because an employer is not obligated to provide these employee benefits or fringe benefits to any employee, whether full-time or part-time.

For example, the Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. And whether an employee is considered full-time or part-time does not change the application of the FLSA—or the application of the Service Contract Act (41 US.C. §351) or the Davis-Bacon Act wage and fringe benefit requirements (40 U.S.C. §3141).

In New Jersey, the definition of full-time employment and the number of hours an employee must work to be considered full-time for the purpose of eligibility for employee benefits such as health insurance, paid time off, and retirement accounts is typically determined by the employer. There is no specific state statute that defines full-time employment in terms of a minimum number of hours worked per week. The Fair Labor Standards Act (FLSA), which is federal law, also does not define full-time or part-time employment, leaving it to the discretion of the employer. Consequently, the provision of benefits is largely a matter of company policy or employment contracts. However, employers must comply with the Affordable Care Act (ACA), which mandates that employers with 50 or more full-time equivalent employees provide health insurance to those working 30 hours or more per week or face penalties. Other laws, such as the Service Contract Act and the Davis-Bacon Act, require certain employers to pay prevailing wages and fringe benefits, but these requirements are not based on the full-time or part-time status of the employee under the FLSA.